The Indian Electricity Act, 1910, 9 of 1910 (Rep., Act 36 of 2003)

Section 28. (1) No person, other than a licensee, shall sanction engage in the business of supplying energy ex

Repealed or not in force · As amended up to 2026-08

(2) Where any diEerence or dispute arises as to whether a place is or is not one in which one hundred - or more persons are likely ordinarily to be assembled, the matter shall be referred to the Local Government, and the decision of the Local Government thereon shall be final. (3) The provisions of this section shall be binding on the Crown. PART IV" .GENERAL'. Protective Cbnuses. Protection of 31. No person shall, in the generation, trans- railways and canals,[mission, supply. or use of energy, in any way injure ] docks, any railway, tramway, cand or water-way or any wharves dock, wharf or pier vested in or cont?olled by a and piers. local authority, or obstruct or interfere with the traffic on any railway, txarnway, canal or water-way. Protection of 32. `(1)` Every person generating, transmitting, : telephonic supplying or using energy (hereinafter in this sect?on apdei?ctrt~ referred to `as` the " operator ") shall take all rea- Ytg:'l'"g d sonable precaut~ons in constructling, laying down and placing his electric supply-lines and other wbrks and in working his system, so as not injuriously to affect, whether by induction or otherwise, the working of any wire or line used for the purpose of telegraphic, telephonic or electric-signalling communication; or the currents in such ;wire or liue, (2) Where any difference or di,sp~te arises between the operator and the telegraph-authority as ~ t 3 (4) If no order is made within fourteen days after the receipt of an application for the same under sub-section (1) or sub-section (3), the order so applied for shall be deemed `to` have been refused, . and every order, and every refusal to make an order, under sub-section (1) or sub-section (3), shall be sub- j ect to revision by the Local Government. ^ under sub-section (1) or sub-section (3), shall be sub- `30,` (I) No person, blther than a licensee &ly controlo* authorized under the terms of his license, s h a l l ~ y ; ~ s ~ transmit or use energy at a rate exceeding two,,,,. hundred and fifty watts,- authorized under the terms of his license, s h a l l ~ y ; ~ s ~ - (a) in any street, or - (b) in any place, - (i) in which one hundred or more persons are likely ordinarily to be assembled, or - (ii) which is a factory within the meaning of the Indian Faotories Act, 1881, or KV of 1881 - (iii) which is a mine within the meaning of the Indian Mines Act, 1901, VIII of 1901. without giving not less than seven clear days' notice in writing of his intention to the District Magistrate or, in a Presidency-town or Rangoon, to the Commissioner of Police, and complying with such of the provisions of Part IV, and of the rules made thereunder, as may be applicable : 28. (1) No person, other than a licensee, shall sanction engage in the business of supplying energy except required non-licensees by with the previous sanction of the Local Government in certain and in accordance with such conditions as the Local cases* Government may fix in t'his behalf, and any agreement to the contrary shall be void : Provided that such sanction shall not be given in any case unless the Local Government considers that, having regard `t~` the extent of t,he proposed supply and the other circumstances of the case, the obtaining of a license under Part `11` would be attended with undue expense or delay : Provided also that such sanction shall not be given within the area for which a local authority is constituted, without that local authority's consent, or within the area of supply of any licensee, without that licensee's consent, unless the Local Government considers that consent has been unreasonably withheld. ) (2). Where \ . 1910.1 Electricity. `%I` (Part 111.-Supply, Transmission and Use of Energy by non-licensees.) Provided that nothing in this sectiron shall apply, to energy used for the public carriage of passengers, animals or goods on, or for the lighting or ventilation bf the rolling-stock of, any railway or tramway, subject to the provisions of the Indian Railways `Ix` of 18901 iict, 1890 : Provided, also, that the Local Government may, by general or special order and subject to such conditions and restrictions as may be specified therein, exempt from the application of this section or of1 I `bn%` ,824 Electricif$ $ . '(Part I V.-General.)' [ACT `IX-` any such provision or rule as aforesaid any person or class of persons using energy on premises upon or in connection w.ith which it is generated, or using energy supplied under Part `I1` in any place specified in clause (b). Electricity. (Pwt I V .-General.) `tb` whether the operator has constructed, laid down or placed his electric supply-lines or other works, or worked his system, in contravention of sub-section ( I ) , or as to whether the working bf any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the Governor Genera1 in Councjl; and the Governor General in Council, unless he is of opinion that the wire or line has been placed in unreasonable proximity to the electric supply-lines or works of the operator after the construction of such lines or works, may direct the operator to make such alterations in, or additions to, his system as may be necessary in order tb comply with the provisions of this section, and the operator shall make such alterations or additions accordingly : Provided that nothing in this sub-secti~n shall apply to the repair, renewal or amendment of any electric supply-line so long as the course of the electric supply-line and the amount and nature of the energy transmitted thereby are not altered. . (3) Where the operatbr makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitra- Explanation.--For the purposes of this section, a telegraph-line shall be deemed to be injuriously affected if telegraphic, telephonic br electric signalling communication by means of such line is, whether through induction or otherwise, prejudicially interfered with by an electric supply-line or work lor by any use made thereof. 33. (I) Every person shall, within twenty-four `NC` ~ O U ~ S of the occurrence, send to the Electric Inspec;; 'tor, and also to the District Magistrate or, in a Presidency-town or Rangoon, `tb` the Commissioner of Police, notice in writing of any accident in con- ;ice of idents inqui mectio~ G 2 84 Electricity. [ACT `rx` (Part I V.-General.) nection with the generation, transmission, supply or use of energy resulting or likely to have resulted in loss of life or personal injury in any part of such person's works or electric supply-lines, or in conoection with the same, and also notice bf any loss of - life or personal injury actually occasioned by any, such accident. (2) The Local Government may, if it thinks fit, require any Electric Inspector, or any other compe- tent persbn appointed by inquire and report- it in this behalf, to `d` - (a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with the generation, transmission, slxpply or use of energy, br - (b) as to the manner in, and extent to, which the provisions of this Act or of any license or rules thereunder, so far as those provisions affect the safety bf any person, have been complied with. Prohibition ' 34. (1) No person shall, in the generation, trans- of oonneotion earth mission, supply or use of energy, permit any part of and power his electric supply-lines to be connected with earth for Governmenttointer- except so far as may be prescribed in this behalf or €ereincertain may be specially sancti(oned by the Governor General cases of in Council (2) If at any time i t is established to the satisfaction of the Local Government- - (a) that any part of an electric supply-line is connected with earth contrary to the provisions of sub-sectim (I), or - (b) that any electric supply-lines or other works for the generation, transmission, supply or use of energy are attended with, danger to the public safety-or `to` human life or injuriously affect any telegraphline, or (c) that - I 1 (c): that any electric supply-lines or other works are defective so as not `tb` be in accordance with the rovisions of this Act or of any rule t g ereunder, the Local Government may, by order in writing, ^ specify the matter complained of and require the - owner br user of such electric supply-lines or other works to remedy it in such manner as shall be specified in the order, and may also in like manner forbid the use of any electric supply-line or works until the order is complied with or for such time as is specified in the order. 'A dministration and rules.

Source: India Code